There are some slips and fall accidents that lead to minor bruises, but there are others that cause serious damages. Property owners in California have a responsibility to keep their property safe for all who enter. If someone slips, falls, or becomes injured on their property, it is often the result of someone’s negligence. If you slip and fall you may be able to file a claim for damages that include:
- Future medical treatment
- Lost wages
- The inability to earn future income
- Medical bills and medications
- Pain and suffering
Common Slip and Fall Accidents
- Slippery floors
- Crowded store aisles
- Exterior broken pavements
- Insufficient lighting
- Lack of proper signage
If you slip and fall and it is not your fault, going through the compensation process will take guided legal work. An experienced personal injury attorney will be able to provide guidance and help you fight for fair compensation for damages.
The legal process after a slip and fall raises many questions:
What do I do after an accident?
Medical attention is a critical first step. For a successful case inspect the scene. What caused you to fall? Take photos, get witness names, file an official statement, and quickly work with an attorney.
How do I know if I have a case?
First, you can show fault by someone’s negligence. You must show that the property owner caused a dangerous condition. Second, you must prove that the property owner should have recognized possible danger and should have taken steps to fix it before your fall occurred.
Do I have a case if I do not feel hurt?
You may still have a case even if you do not feel hurt at the scene. In a slip and fall, trauma and adrenaline occur which temporarily lessens the sensation of pain. You may begin to feel the results of your slip and fall later.
How long do I have to file a slip and fall injury case?
The California Code of Civil Procedure defines the “statute of limitations.” Due to negligence, you have 2 years from your injury to file a personal injury lawsuit. An exception is suing the government which only gives you 6 months to file an administrative claim.
What do I do if an insurance adjuster calls me?
Yes, an insurance adjuster will contact you. There are basic things you should and should not tell an insurance adjuster. Keep your answers basic. For this reason, you must refer an adjuster to your attorney. Politely tell the adjuster that your attorney will contact them.
What damages are available in a personal injury case?
In California, a slip and fall entitles you economic damages shown above and non-economic damages that involves emotional stress, disability, humiliation, and the loss of enjoyment. There is also exemplary or
punitive damages that punishes the property owner for their discrimination, maliciousness, or fraud.
How much is my personal injury case worth?
In California there is no compensatory damages cap. Your compensation will be up to a judge and jury. The exception to this rule is in medical malpractice cases where the cap is $250,000 for pain and suffering and non-economic damages.
What if I had a pre-existing condition?
Insurance companies will try to prove that a pre-existing condition caused your fall. For this reason, a personal injury attorney is required. Your attorney is your mediator who will prove that your pre-existing condition did not cause your slip and fall claim.
How do I pay my medical bills until I get my settlement?
This is a great concern. Your personal injury attorney can help the hospital to delay medical expenses until your settlement and work on your behalf to introduce you to options that will help alleviate your medical bill burdens.
How do I make up for my lost wages until I get my settlement?
Unfortunately, whether you are involved in a car accident or other personal injury case, the insurance company will generally not pay for any financial losses. The state of California allows slip and fall plaintiffs to recover lost wages.
Your attorney will guide you, like using PIP coverage when you are injured in a car accident or you may be able to get short-term or long-term disability benefits through your employer. Perhaps you have time off pay like vacation and sick time, or other forms of “comp” time through your employer.
What if the accident happened on the job?
If you are injured at work in California, you have the right to file a workers’ compensation claim. A lawyer can help you navigate the difficult world of workers’ compensation and provide vital information about protecting your rights throughout your recovery.
Don’t hesitate to contact us here at Windsor Troy. We have helped many personal injury victims and our experience can help win your case.